Many of us who have done a PhD, remember that time around the beginning of the second year when anxiety and insecurity start substituting the passion and enthusiasm. We all needed a safe space and a friendly encouraging forum to reassure us that having your own research project is a worthwhile endeavour. To help inspire…
The declining search and examination quality of EPO patents is not only harmful because inventions are not protected but they also create a lot of uncertainty for the industry. The problem has aggravated due to the Unitary Patent system, as thousands of Unitary Patents will flood countries where traditional European patents were not often validated…
I) Introduction The science of biochemicals and the realm of Section 3(d) of Indian Patents Act! Can there be a reconciliation between the two? This question is a hot topic of discussion amongst the Indian biochemical patent community following the recent decision (Novozymes vs The Assistant Controller of Patents and Designs) pronounced by the Madras…
A judicial and academic debate on standard essential patents (SEPs) in China has recently arisen. The issuance of anti-suit injunctions (ASIs) by Chinese courts in a relatively short period of time (between 2019 and 2020) and the ensuing TRIPS/WTO dispute between the EU and China over the TRIPS compatibility of such ASIs, exemplify such debate….
This is the first of a new series of monthly posts on the UPC from Bristows, in which our UPC experts will be providing their commentary and insights on the development and themes arising from the cases being brought in the UPC. In our first post, we reflect on what has been one of the…
In April 2023, the European Commission (EC) published the pharmaceutical legislation package, including the proposal for a Pharmaceutical Directive[1] , and further proposals for regulations on SPCs[2]. Article 85 of the proposed Directive aims at providing an amended provision for the so-called Bolar exemption, currently codified in Article 10(6) of Directive 2001/83/EC. The initial EC proposal…
On 25 October 2023, HHJ Hacon (sitting as a High Court Judge), rendered his judgment in Philip Morris v Nicoventures[1]. The Claimants (“PMI”) sought revocation of EP (UK) No. 3 367 830 B1 (“EP 830”) and the defendants (“BAT”) counterclaimed for infringement. EP 830 was held to be invalid for lack of inventive step and…
The political environment at the EPO remains bumpy. Though some progress is made in relatively minor adjustments of the working conditions, the SUEPO trade union and staff committees remain largely ignored in major reforms. SUEPO writes this in its Annual Report 2022, which was published this week: ‘Numerous meetings take place between staff representatives and…
…well, at least the EPO’s Boards of Appeal, represented by their President Mr. Josefsson, are. Mr. Josefsson announced in the Boards of Appeal and key decisions 2023 conference just a few minutes ago that in view of the feedback received by users (including yours truly) he will no longer pursue the planned shortening of the…
On October 24, 2023, the Brazilian government released an Action Plan aiming at fostering the National Intellectual Property (IP) Strategy. The plan was prepared by the Interministry IP Group ( a group created in 2019 to coordinate the federal government activities in the field of intellectual property. Thirteen Ministries form part of GIPI, and the…
